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Restitution – “Victim” — “Stepparent,” Wages, Lost Accompanying Victim to Court

State v. Edward W. Johnson, Jr., 2002 WI App 166
For Johnson: Robert T. Ruth

Issue/Holding: Wages lost by a stepparent’s accompanying the victim to court aren’t subject to restitution; lost wages are limited to those persons identified in § 973.20(5)(b). ¶¶22-23.

Issue/Holding: A stepparent is not victim for § 973.20(1r) restitution purposes, ¶¶17-19. (However, a stepparent may qualify as an “other person,” under § 973.20(5)(d), ¶20.)

Foreign authority for idea that victim’s parents not entitled to lost income due their “voluntary decision to attend trial”: State v. Koile, FL SCt No. SC-05-132, 7/6/06 (“the lost income was not a result of the offense but was a result of a voluntary decision and does not bear a significant relationship to the offense”).

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